Sanctioned Israeli Settler Uses Meritless Legal Effort to Stifle Free Speech
(New York, NY, April 30, 2025) – The U.S. District Court for the Eastern District of New York should dismiss a retaliatory legal attack by Isaac Levi Pilant that could expose DAWN's confidential sources and advocacy methods, the organization said in a court motion submitted last week.
DAWN had previously advocated for Isaac Levi Pilant to be sanctioned by the U.S. government last year which found him "responsible for violence against civilians in the West Bank." The American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), and Human Rights First (HRF) filed an amicus brief in support of DAWN.
"This legal proceeding initiated by an Israeli settler represents a dangerous effort to weaponize U.S. courts against journalists and human rights defenders like DAWN," said Sarah Leah Whitson, DAWN's Executive Director. "If allowed to proceed, it would establish a dangerous precedent enabling human rights abusers abroad to retaliate in U.S. courts against organizations that advocate to hold them accountable."
On February 25, Pilant filed a discovery application under 28 U.S.C. § 1782 to force DAWN and Whitson to disclose a sweeping range of sensitive materials related to their human rights advocacy about his involvement in violence in the West Bank. Pilant argues that he seeks this discovery for use in possible future defamation litigation against an Israeli human rights organization. On April 18, DAWN filed an opposition brief, arguing that Pilant's intrusive discovery demands violate the First Amendment and reporters' privilege, threaten confidential sources, and constitute an abusive attempt to intimidate human rights advocates in the United States.
"We're fighting not just for our organization, but for the fundamental right of civil society organizations to expose abuses without fear of reprisal," said Raed Jarrar, DAWN's Director of Advocacy. "We hope that the court will recognize Pilant's application for what it is: an intimidation tactic that would silence human rights work and endanger vulnerable sources."
The amicus brief filed by the ACLU, NYCLU, and HRF underscores the profound risks to First Amendment freedoms posed by Pilant's demands. It argues that granting such intrusive discovery would "chill essential human rights advocacy," potentially endangering U.S. civil society organizations and their confidential sources worldwide.
DAWN's opposition also argues that the requested discovery has no legitimate connection to the Israeli defamation case he claims to be considering against an unrelated organization, that Pilant is trying both to circumvent Israeli discovery rules and contravene U.S. policies that favor free speech, and that forcing DAWN to comply with Pilant's requests would be unduly burdensome and intrusive.
"This is not what Congress had in mind when it passed Section 1782, a procedural statute meant to streamline U.S. judicial assistance in foreign litigation. Our federal courts should not assist attempts to dodge First Amendment protections for speech in the public interest," said attorney Jake Karr of the Technology Law & Policy Clinic at NYU School of Law. "Today, when core freedoms are under renewed assault at home, it's more important than ever that our law and legal system continue to protect organizations like DAWN engaged in the dangerous and vital work of shining a light on human rights abuses around the world."
In addition to Karr, DAWN is represented pro bono by attorneys Timothy W. Grinsell and Margaret B. Hoppin from Hoppin Grinsell LLP. Their dedicated support highlights the solidarity from the broader legal community against retaliatory legal tactics aimed at silencing accountability efforts.
DAWN welcomes support from volunteers, pro bono attorneys, legal clinics, and human rights advocates willing to lend their expertise. Interested individuals and organizations are encouraged to reach out to DAWN to offer assistance.
